Storekeeper's suit over religion status reinstated
June 25, 2009 8:45 am
PUTRAJAYA, June 25 — A man and his three children embroiled in a battle over their religion status, succeeded in their bid Thursday to reinstate their suit for a declaratory relief that they are never Muslims.
The Court of Appeal's three-man quorum, led by Justice Datuk Wira Low Hop Bing, unanimously ordered the case to be remitted to the Shah Alam High Court and fixed Monday for mention after ruling that the relief sought in their originating summons did not constitute an abuse of court process.
The other judges were Datuk K.N. Segara and Datuk Ahmad Maarop.
Zaina Abidin Hamid S. Maniam, 58, a storekeeper with MBF Automobile Sdn Bhd and his three children claimed in their originating summons that he never practiced and professed Islam and in that context they were never Muslims.
However, the respondents — the Government of Malaysia, Selangor State Government abd Selangor Islamic Religious Council — contended that Zaina and his family were still bound under the Islamic law because they have not obtained an order from the Syariah Court for permission to leave the religion.
Zaina and his children are Muslims because they were born to an Indian-Muslim family, they said.
On Sept. 27, 2004, the Shah Alam High Court struck out the originating summons after holding that the Syariah Court, not the civil court, has exclusive jurisdiction over the matter.
Lawyer Fahri Azzat submitted that the dispute should be heard by the civil court because it involves interpretation of the Federal Constitution and state laws which were under the civil court's jurisdiction to adjudicate.
Senior Federal Counsel Azizah Nawawi argued that the originating summons was frivolous, vexatious and an abuse of court process because the issue of renunciation of Islam is within the Syariah Court jurisdiction. (PNA/Bernama)
DCT/fom
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